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WESTERN TEXTILE INDUSTRIES CO. LTD. AND OTHERS AND ADO-EKITI WESTEXINCO WORKERS' UNION AND OTHERS (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT DR O.I. ODUMOSU MEMBER S.O. KOKU,ESQ. MEMBER DR. E.C. IWUJI MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO: NIC/18/78 DATE OF RULING 16TH MARCH, 1979 LABOUR LAW Collective agreement - Where referred to National Industrial Court for interpretation -Extinguishment of one of the parties -Whether the reference thereby affected. LABOUR LAW Collective agreement - Who can make- Interpretation of-Application therefore to the National Industrial Court. LABOUR LAW National Industrial Court - Jurisdiction of Source of- Scope of- Section 14(1), Trade Disputes Decree, 1976. LABOUR LAW National Industrial Court - Jurisdiction of i interpret award - Section 11(1), Trade Disputes Decree, 1976. LABOUR LAW National Industrial Court - Power of- Scot: of - Whether can allow a new industry union to take over the assets and liabilities; an old union. LABOUR LAW Trade dispute - Appearance before court Right of - To whom belongs - Where trade union extinguished - Whether right workers extinguished - Whether new umbrella union can represent workers. LABOUR LAW Trade dispute - Meaning of- Section 37(1), Trade Disputes Decree, 1976 - Parties thereto. TRADE DISPUTE "Trade dispute" - Meaning of - Section 37(1), Trade Disputes Decree, 1976 - Parties thereto. LABOUR LAW Collective agreement - Where referred to National Industrial Court for interpretation -Extinguishment of one of the parties -Whether the reference thereby affected. LABOUR LAW Reference of a collective agreement for interpretation - Application therefor - Who can make - Extinguishment of a trade union -Whether will affect reference. LABOUR LAW National Industrial Court - Power of- Scope of - Whether can allow a new industrial union to take over the assets and liabilities of an old union. LABOUR LAW Whether affects reference of a collective Agreement for interpretation - Effects Labour Law - Reference of a collective agreement for interpretation - Application therefore - who can make - Extinguishment of a trade union - Whether will affect reference ISSUE: Whether the court has power to grant the National Union of Textile, Garment and Tailoring Workers of Nigeria’s application for the leave of the court to allow it to take over the conduct: of the case on behalf of the old union, which is now a branch of the new industrial. FACTS The Applicant is the National Union of Textile, Garment and Tailoring Workers of Nigeria. It claimed that the Ado-Ekiti Westexinco Workers' Union the Respondent and the Applicant were birds of the same feather. Following the promulgation of the Trade Unions (Amendment) Decree No.22 of 1978 and the eventual extinguishing of the Respondent, the Applicant applied to be allowed to take over assets and liabilities of the Respondent, including the conduct of the case. The old union, the Ado-Ekiti Westexinco Workers' Union had no objection to the application. The Appellant however objected to the application on a number of grounds. It contended that the application was not properly presented before the court. It should have been made by motion supported with affidavits. They also stressed that the applicant union could not be a party because, under the Trade Unions (Amendment) Decree No.22 of 1978. it was not a successor of the defunct union. HELD: (Granting the application to substitute a new union for the defunct trade union): 1. On Source and scope of jurisdiction of the National Industrial Court - By section 14(1) of the Trade Disputes Decree, 1976 there shall be a National Industrial Court for Nigeria, which shall have jurisdiction and powers as are conferred on it by the Decree or any other Decree with respect to the settlement of trade disputes, the interpretation of collective agreements and matters connected therein. Thus, the National Industrial Court exists under and by virtue of the Trade Disputes Decree No. 7 of 1976 and its subsequent amendments, and has jurisdiction principally over trade disputes. The position in the court is quite different from that of the ordinary law courts. 2. On Meaning of trade dispute and parties thereto - By section 3 7( 1) of the Trade Disputes Decree No.7 of 1976, "trade dispute," means any dispute between employers and workers, or between workers and workers, which is connected with the employment or non-employment or the terms of employment and physical conditions of work of any person. Thus, Trade disputes are those disputes between workers and employers. The workers may choose to be represented by one organization or another. The primary right to be a party to a trade dispute belongs to the workers on the one hand and the employers on the other hand 3. On Scope of powers of the National industrial Court - By section 26(l)(g) of the Trade Disputes Decree No.7 of 1976 the court has ample powers to grant an application by a new industrial union seeking to take over the assets and liabilities of an old union including the conduct of a particular case or on behalf of the old union which is now a branch of the new industrial union. 4. On Jurisdiction of the National Industrial Court to interpret an award - By section 11(1) of the Trade Disputes Decree, 1976, if, after an award of the Industrial Arbitration Panel or the national Industrial Court has become binding or the employers or workers to whom it relates, any question which arises as to the I interpretation of the award, the Commissioner or any party to the award may make j an application to the National Industrial Court for decision on that question. 5. On Categories of persons who may apply to National Industrial Court for interpretation of collective agreement - By a combined reading of sections 11A and 37(1) of the Trade Disputes Decree No.7 of 1976 (as amended by Decree No.54 of 1977), the following persons or group can submit an application to the court to interpret a collective agreement: (a) the Commissioner; (b) a party to the collective agreement which may be: (i) an employer or group of employers or organization representing employers, or (ii) one or more trade unions or organization representing workers, or the duly appointed representatives of any body of workers. Any other party who has a right to apply to the court can so apply and the court is bound to use its power under Sections 26(1 )(g) and 27(3)(a) of the Decree to hear the matter and determine it accordingly. There is therefore no question of any rights of any party to the dispute being extinguished. 6. On When Commissioner may refer trade dispute directly to the National Industrial Court - If in case of any trade dispute of which the Commissioner has received a report under section 4 of the Trade Disputes Decree, it appears to the Commissioner: a) that the dispute is one to which workers employed in any essential service are a party or; b) that in the circumstances of the case reference of the dispute to an arbitration tribunal would not be appropriate, then within seven days of the receipt by him of a report under section 6(4) of the Decree the Commissioner shall refer the dispute directly to the National Industrial Court. 7. On Whether extinction of a trade union will affect collective agreement already referred to the National Industrial Court for interpretation - When the question of interpretation of a collective agreement has been referred to the court by the Commissioner, the reference stands despite the extinction by operation of law of one or more of the affected trade unions. The collective agreement is the matter before the court. What is paramount is the reference by the Commissioner. 8. On Right of appearance of workers and trade unions in trade disputes before the National Industrial Court - The right of appearance before the court belongs to the workers. Trade unions are only the representatives of the workers. When a trade union is extinguished by operation of law such as the situation that arose as a result of the Trade Unions Amendment) Decree No.22 of 1978, the trade union rights may or may not be extinguished, but the rights of the workers who are the real parties in a trade dispute ire not extinguished. In the instant case, therefore, it was perfectly in order for the new industrial union, under which the workers were re-grouped, to apply to the court to represent the interest of the affected workers. HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT DR O.I. ODUMOSU - MEMBER S.O. KOKU,ESQ. - MEMBER DR. E.C. IWUJI - MEMBER ALHAJI Z.M. BELLO - MEMBER